Construction workers by virtue of the added dangers they face daily, are afforded extra protections under the law. These protections are meant to deter general contractors and, in many cases, land owners from saving money by jeopardizing the safety of the site worker. For instance, if a scaffold collapses, or a safety harness fails or is not provided, the general contractor and the land owner in most instances will be held strictly liable to the injured worker. In addition to receiving workers compensation for medical treatment and lost income, the New York State legislature has provided for the award of damages for personal injury.
Medical malpractice is distinguished from most other areas of injury law in that the damage caused by the negligence of the health care professional is heaped atop an already sick or injured person. Worse still, in most circumstances, the victim voluntarily placed his faith in the skill of the medical professional only to become a victim for a second time.
Whether it’s an accident involving two cars or ten, a pedestrian or bicyclist, a motorcycle or a motor home, all are considered motor vehicle accidents. New York Law treats motor vehicle cases differently than all other kinds of accidents. In fact, motor vehicle negligence and insurance claims are regulated by their own unique Traffic, No Fault and Serious Injury Threshold laws in New York.
Products liability cases take many forms. There are cases where many people are injured as the result of an inherently dangerous quality of a product. This is often the subject of cases involving a drug with a bad side effect or a car that should have been recalled. Further, dangerous conditions may arise out of the design of a product, or, a defective manufacturing process. Still there are other cases in which a product is only known to have injured only the person who comes to an attorney to seek redress.
Premises cases include but are not limited to slip/trip and fall accidents, ceiling collapses, injuries caused by fire, faulty construction and improper maintenance. These cases all fall under the title of premises liability, but, they are different and they are treated differently by the law. New York’s Building codes specify acceptable standards of construction which owners of property must adhere to. For instance, the law provides very detailed requirements for the measurements of stair risers and treads as well as the necessity of hand rails. Even the shape of a hand rail is regulated! An attorney cannot be effective in representing an injured person unless he knows which regulations have been violated.